®Planning appeal decision
Hillesden Road, Gawcott, Buckingham, Buckinghamshire, MK18 4JF
Planning appeal 3247774 at Hillesden Road, Gawcott, Buckingham, Buckinghamshire, MK18 4JF (Buckinghamshire Council - Aylesbury Area *) was allowed on 25 June 2021 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the use of the land as a garden centre was undertaken continuously for a period of at least ten years and whether that use was thereafter lost or abandoned.
The site is a garden centre importing plants, shrubs, trees, compost and gardening landscaping products for onward sale to the public. The site has two main buildings for display, shop/tills a large polytunnel for display, outdoor display of trees/shrubs for sale along with patio slabs, stones and aggregates for sale. The site has ancillary facilities for tool sharpening, hanging baskets, general goods for retail. Two accesses serve the site, one form public sales and one ancillary for business only
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- retail · Change of use
- Inspector
- Curnow R
- Postcode
- MK18 4JF
Main issues, as the Inspector framed them
- Whether the use of the land as a garden centre was undertaken continuously for a period of at least ten years and whether that use was thereafter lost or abandoned
What decided it
The cumulative weight of evidence from statutory declarations and affidavits, particularly from Adrian Eames, Brian Eames, Simon Wells, and Alan White, together with Robert Turner's own statement, demonstrated on the balance of probability that the land was used as a garden centre for the requisite ten-year period and that the use had not been abandoned.
What the Inspector cited
- Judgments
- Wiggins v Arun DC [1997] 74 P&CR 64; Bramall v SSCLG [2011] JPL 1373
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.